22222.docx

Republic of the Philippines REGIONAL TRIAL COURT First Judicial Region Manila

SPS. FLORENTINO Plaintiffs,

-versus

Civil Case No. 123456789 FOR: Damages

MAHALEN CORPORATION, Defendants. x--------------------------------------x

COMPLAINT

PLAINTIFFS, by and through the undersigned counsel and unto this Honorable Court most respectfully allege that:

1. The Plaintiffs SPS. FLORENTINO are spouses, both Filipino, of legal age and residents of 108 Ilacanos Sur, San Fernando City, La Union, Philippines.

2.

The Defendant Partak Bus Company is a domestic corporation

duly organized under the laws of the Philippines engaged in the business of land transportation of passengers and goods and a holder of certificate of public convenience with principal place of business at 640 Quezon Avenue, Quezon City, Philippines, where it may be served with summons and other court processes. A copy of the certificate of public convenience is hereto attached as Annex “A”;

DAMAGES 3.

As a result of defendants’ fault or negligence constituting

quasi-delict, they are liable to plaintiff for damages.

4.

Because of the incident, plaintiff has had to undergo

monthly check-ups thereby unnecessarily incurring expenses in the amount of not less than PhP 300,000.00.

5.

In addition to the physical injuries and pain, plaintiff

Filemon Arviso has also suffered and is still suffering mental anguish, severe anxiety and psychological torture caused by the incident. He has been suffering from sleepless nights and tormented by financial expenses which could have been avoided, thereby entitling her to moral damages in the amount of, at least, PhP 400,000.00.

PRAYER WHEREFORE, PREMISES CONSIDERED, plaintiff, through the undersigned counsel most respectfully prays on this Honorable Court, after due hearing, to adjudge defendants Paolo Ololo and Northern Line Bus Company jointly and severally, to pay the plaintiff the following: 1)

Seven Hundred Thousand Pesos (Php 700,000.00) as

actual or compensatory damages representing the hospitalization and medical expenses of the plaintiff; 2)

Five Hundred Thousand Pesos (PhP 500,000.00) for

attorney’s fees and One Hundred Thousand Pesos (100, 000.00) for litigation expenses; 3)

Other just and equitable reliefs are, likewise, prayed for.

RESPECTFULLY SUBMITTED this 6 August 2016 at San Fernando City, La Union, Philippines.

FILOMINO AVISO and FILOMINA AVISO Plaintiffs

Assisted by

HIDALGO ESTEPHA AND ASSOCIATES LAW OFFICES 319-A, 3rd floor, Diocesan Center, Gomez Street, San Fernando City, La Union, Philippines. e-mail: [email protected] telephone number: 082-296-123

JURAT and CERTIFICATION

I, FILOMINO AVISO, after having been sworn to in accordance with law hereby depose and say THAT:

1.

I am one of the plaintiffs in the above-entitled case;

2.

I have caused the preparation and filing of the foregoing

complaint, that I have read the allegations therein, and that they are

true and correct of my own personal knowledge and belief and based on authentic documents;

3.

Other than the foregoing complaint, I have not commenced any

other action or proceeding involving the same issue before the Supreme Court or Court of Appeals or any divisions thereof or before any tribunal or agency and that, to the best of my knowledge, there is no such action or proceeding pending before any tribunal;

4.

If other than the foregoing complaint, I should learn that a similar

action or proceeding has been filed or is pending in any tribunal, I will notify this Honorable Court of the same within five (5) days from such notice

IN WITNESS WHEREOF, I have hereunto set my hand this 6, August 2016 at San Fernando City, La Union, Philippines.

SUBSCRIBED AND SWORN TO before me a Notary Public, for and in the City of Davao, the affiant, Filomino Aviso exhibited to me her current and unexpired driver’s license numbered L02-123456 valid until May 1, 2015, bearing her photograph and signature as competent proof of her identity.

CINDY SORIANO Doc No.: 50

Notary Public for La Union

Page No.10

Notarial Commission No. 123-2012

Book No.II Series of 2016.

PTR No. 123456; 01-02-13;D.C. IBP Life Member Roll 12348 MCLE Compliance No. III-123459; 0110-2012 Issued at Manila City